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Home My WebLink About1847-P DATE: September 18, 2006 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a general contractor=s business with fabrication in a GC-MD (General Commercial-Multiple Family Dwelling) District. FILE: 1847-P STAFF REPORT The Planning Manager recommends denial of this request. Steven Talalis is requesting a specific use permit to allow a general contractor=s business with fabrication in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 5675 Indian Trail. Mr. Talalis owns and operates Add A Sun Installations, a general contractor=s business. He installs insulated glass rooms, roof systems, screen rooms, carports and patio covers. A general contractor=s business is permitted by right in a GC-MD District if no fabrication, outdoor storage or repair occurs on the property. Otherwise, the use requires a specific use permit. The building was built on the subject property in January, 2003. The permit issued was for a residential accessory building. Mr. Talalis states that the building on the property is currently used as his office and to store his materials. Construction is done off-site. In the near future, there are plans to roll form trim and panels for the use in his business. Two roll forming machines would be located inside the building. He states that the machines will not produce vibration, noise, odor or dust that would interfere with neighboring properties. The machines would be used during normal business hours and are not expected to be used every week. Mr. Talalis says that the roll forming process is projected to be less than 10% of the annual business. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 35 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 14, Block 3, Western Hills Addition Unit IV, City of Beaumont, Jefferson County, Texas, containing 0.136 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with four of the eight conditions necessary for approval. Comments on Conditions 1, 3, 4, 5 and 7 follow: 1. The subject property is zoned GC-MD. However, the subject property is located in a mobile home park. A general contracting business, especially one that includes fabrication, is not compatible with residential uses. 3. The Fire Marshall has informed the Planning Manager that he has spoken with Mr. Talalis about providing the City with a fire flow study showing that there is an adequate water supply to provide the necessary fire protection. 4. Since a building permit was issued for a residential accessory building, no parking was required. Because the building is now used as a commercial building, six parking spaces are required. The concrete slab in the front of the building, shown as parking on the site plan, is not adequate for the required parking. In addition, no handicap space is provided. 5. While Mr. Talalis states that the roll forming machines will not produce vibration, noise, odor or dust, staff has received comments from a resident in the mobile home park who states that the noise that already comes from Mr. Talalis= business is loud and that it occurs from before sunup until late at night. 7. There is no 6' wide landscape strip along the designated parking lot frontage. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Steven Talalis PROPERTY OWNER: Same LOCATION: 5675 Indian Trail EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.136 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Residential GC-MD SOUTH: Residential GC-MD WEST: Vacant GC-MD COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: None STREETS: Indian Trail - Local street with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #8, 6297 Highway 105. ADEQUACY OF SERVICE: The Fire Marshall is requesting a fire flow study to determine adequacy of water for fire protection. PROPERTY OWNERS O A LEISURE JOHN HENRY LLOYD JAMES C MC CAULEY GRACE SANDERS RAY STAHA JAMES M MARTIN JR VERGIL R RUTLEDGE CURTIS HINSON (CD) FIRST NATIONAL ACCEPTANCE (LH) PROPERTY OWNERS continued WILLIAM J RAMOS STEVEN TALALIS WILLIAM L & SANDRA L GRIFFIN STEVE TALALIS SANDRA SUTTON STEVEN S TALALIS IRENE U COURTS IRENE COURTS PAUL E JONES IRENE U COURTS STEVEN S TALALIS MATTIE J CARR ITA LOUISE GILBREATH CORNWALL ROBERT L BYNUM STEVE TALALIS GRACE A COLVILLE ESTATE WILLARD PINUEL GEORGIA F EDMONDS HAROLD W BREAUX & SANDRA L HESTER JOSEPH D JOHNSON JR ET UX THERESA M LEFLEUR KENNETH S METTAUER STEVEN TALALIS FLOYD HELLYER % ANTHONY CALLAWAY & C ROJAS H W & SANDRA L BREAUX RICHARD P ROBINSON MARGARET FORGAS